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Showing posts with label Christie's. Show all posts
Showing posts with label Christie's. Show all posts

May 16, 2024

Thursday, May 16, 2024 - , No comments

Rising Threats in the Art Market's Cybersecurity Landscape

While Christie's website continues to state “We apologise that our full website is currently offline” redirecting visitors to a temporary page outside of its own web domain, its auctions have managed to continue at a healthy pace.  Market players have underscored the auction house's fine art of resilience since the May 11th incident which occurred just days before the firms scheduled $840M art mega-auction. 

But while the art world's show must go on, tech security experts and the general public would like a little more information.

In its second cyber attack in less than a year, Christie’s assured its clients that its auctions would proceed, with bidders being able to participate in person, by phone, or through Christie’s Live platform.  But the auction powerhouse released no information regarding what systems had been impacted, just that they were working to resolve the situation with a team of internal and external technology experts to resolve this matter as quickly as possible.  Company CEO Guillaume Cerutti referred to the kerfuffle as a “technology security incident” but said nothing about whether or not financial or other sensitive data tied to Christie’s clientele had been compromised. 

Despite the web outage, Vojtěch Kovařík's
‘Hercules with his head in his hand’
sold for $94,500 on May 15th. 
In July 2023 Zentrust Partners alerted Christie’s to an earlier security breach which included sensitive location metadata being accessible from some uploaded photos.  This oversight is believed to have revealed the exact whereabouts of art owned by a percentage of the auction house’s wealthiest collectors,  potentially compromising their privacy and security by allowing access to data which identified the locations of where artworks had been photographed. Within a month, the auction house had enhanced their cybersecurity measures and offered its affected clients support and guidance on mitigating potential risks resulting from the breach.

In 2014 the Syrian Electronic Army hacked Christie's website, as well as 23 other sites including Forbes, The Chicago Tribune, Ferrari, the Independent, and the Daily Telegraph.  In this instance hackers attacked vulnerable sites accessing the Gigiya CDN and injecting a Javascript code which caused all the sites to display a specific  popup, drawing attention to the group's cause  Not engineered to inflict damage, the disrupters signed off with a postscript saying “PS: We would never attack users or damage systems. It was just a message.”


Its worth recalling that on October 29, 2023 the British Library experienced a technology outage with the library issuing a statement very similar to the one issued this month by Christie's CEO.  In that incident, library management described the incident as “a technology outage.”  

The British Library's incident turned out to be a highly sophisticated and disruptive cyberattack by the Rhysida ransomware group which continues to impact the institution's website, online systems, and services, as well as some onsite services, even today.  Like in the Christie's incident, the library was also forced into the position of having to set up a temporary website.  

The Rhysida ransomware group is believed to have originated from a collective of cybercriminals with extensive experience in malware development and network infiltration. Its ransomeware, debuted in mid 2023 and is distinguished by its advanced evasion techniques. 

To attack vulnerable systems, Rhysida utilises obfuscation methods to avoid detection by traditional antivirus and anti-malware solutions.  It is characterised by its rapid encryption process followed by the deployment of ransom demands.  

To access the system, Rhysida primarily exploits vulnerabilities to the systems through phishing attacks and other social engineering tactics.  Once inside, the malware renders its target's critical data inaccessible. 

Another distinguishing feature of the Rhysida group is their use of double extortion. Beyond encrypting data, they exfiltrate sensitive information and threaten to publish it unless a ransom in cryptocurrency is paid in exchange for the decryption key. The malware’s encryption algorithm is robust, and often leaves compromised victims with no choice but to pay the ransom or face significant data loss.

While the root cause of this recent Christie's outage has not been released, high impact incidences like these highlight vulnerabilities within the digital frameworks of important cultural institutions, as well as high-value asset transaction sites in the art market where customer names, accounts, banking details, and credit card information are ubiquitous to the online bidding process. 

January 31, 2021

Sunday, January 31, 2021 - ,,,,,,,,,,,,,, 1 comment

Sometimes restitution is a little like putting lipstick on a pig

Left: Steve Green and the Controversial Coptic Galatians fragment
first offered on eBay in 2012 by Yakup Ekşioğlu.
Right: Douglas Latchford and the two plinths with the broken feet of ancient sandstone statues looted from the Prasat Chen temple complex in Koh Ker

Last week we have seen two eye-popping notices of "voluntary" restitution of  ancient artefacts and papyri framents believed to have been plundered from their respective countries of origin.

In one instance, an article by Tom Mashberg, written for the New York Times on January 29th reported that Julia Ellen Latchford Copleston a/k/a Nawapan Kriangsak, has agreed to relinquish a total of 125 artefacts to Cambodia which had been acquired by her father, controversial antiquities dealer Douglas A.J. Latchford, a/k/a “Pakpong Kriangsak.”  Prior to his death, Latchford's handling of suspect material from Cambodia, Thailand and India resulted in the US government filing a 26-page indictment via the Department of Justice's U.S. Attorney’s Office for the Southern District of New York on 27 November 2019.  This case, unfortunately, concluded in advance of any possible legal ruling against the Thailand-based dealer, who died on 2 August 2020 before the bulk of the evidence gathered in the federal case against him could be heard in court. 

The second announcement, delivered two days earlier by Steve Green, Chairman of the Museum of the Bible, was more discreetly posted on the museum's website and highlighted the return of a number of questionable acquisitions which have been discussed with some regularity on  ARCA's blog as well as in greater detail on Faces & Voices, a specialist blog by Papyrologist and ancient historian Roberta Mazza.  Mazza has more articles about the Green's acquisitions than I can link to, so I recommend our readership take some time exploring them all but perhaps starting here with one where she questions (again) the ever-changing provenance story surrounding the P.Sapph.Obbink fragment purportedly sold through a private sale treaty by Christie’s.  

In Green's press announcement, he states that as of 7 January 2021, the Washington DC-based museum had transferred control of the fine art storage facility that housed the 5,000 Egyptian items to the U.S. government as part of "a voluntary administrative process."   Unfortunately, the philanthropic founder of the museum has said very little about whether or not his museum will be more forthcoming about exactly whom the museum paid when purchasing the 8,106 clay objects with suspect or no provenance from the Republic of Iraq or the approximately 5,000 papyri fragments and accompanying mummy cartonnage which also came with suspect or no provenance from the Arab Republic of Egypt.  All we know is that these objects are now, finally, going home.  And while that is a great success for the countries they were taken from, it tells us practically nil about the men who engaged in their sale and profited from these same countries' exploitation.  

At the end of their announcement, the Museum of the Bible's Chairman stated that going forward they would continue to look for ways to "partner with The Iraq Museum, The Coptic Museum, and other institutions, to provide assistance with preserving and celebrating the rich cultural histories of those countries and many others."  I truly doubt, given the circumstances, that the Egyptian government will be taking Mr. Green up on this proposal. 

Museum of the Bible Press Release
Screenshot Date:27 January 2021

And so the litigation in these matters, at least as it relates to Iraq and Egypt, appear to be drawing to a close.  

With the flourish of pens in the plump fingers of lawyers, these carefully-timed, and responsibility-for-wrong-doing-absent restitutions by members of the wealthy Houses of Latchford and Green are released to the public without the impediment of contradiction.   Sanitised proclamations which imply good deeds done under trying circumstances, but which impart little about the actual motivations of their delayed generosity.  

Most of us, who have been closely following these events can speculate as to the pressure points behind the disputants' seemingly magnanimous handovers and come away with our own conclusions, but our speculation will never give us their complete stories.  It is reasonable to assume that these individuals, and/or their museum, were motivated, in whole or in part, by a desire to put an end to a publically embarrassing chapter to their respective family's cultural heritage acquisition histories, but their decisions should not be read as merely repentant.  

In relinquishing these artefacts to Cambodia, Egypt and Iraq, the Latchfords and Greens seek to mitigate the damages, financial and reputational, that these scandals have caused them.  And with that in mind, their decisions can not simply be seen in a vacuum of attempting to right past wrongs. They are assuredly more strategic than what is within the purview of the public domain. 

Seen through this narrow lens, these very public announcements of voluntary restitution, published in newspapers with large readership or on museum's websites, serve only to cosmetically cover, not correct, the public blemishes their respective criminal investigations have brought to light over the last ten years.  Actions which, when explored more deeply, can be seen as not only embarrassing, or ethically negligent, but potentially criminal, brought about by the direct involvement of staff and family members who should have, or definitely did know, better.  

Despite these joyous restitutions, we cannot ascertain what catalyst, in each of these drawn-out processes of ensuring restorative justice, brought Mr Green and Ms. Copleston to the restitution table.  Usually, in situations like this, written agreements between the parties make it unlikely that anyone will be at legal liberty to openly discuss the negotiations between the aggrieved parties.  In the MotB case, that includes the unspoken details behind the more than three years of back and forth discussions that the museum itself has admitted took place prior to the culmination of this week's announcement. 

Likewise, by bequeathing his 1,000-year-old Khmer Dynasty collection to his daughter, Douglas Latchford left his offspring with more than just $50 million worth of valuable ancient art.   He left her holding a hand grenade with a pulled pin that she doggedly continued to hold some five months after her father's death.  For no matter how magnanimous Copleston's repatriation gestures to Cambodia may seem in print, her waiting this long to relinquish the sculptures begs its own questions as to motivating factors. 

Why would a lawyer such as herself, who by her own statement in the New York Times defensively admitted that her father "started his collection in a very different era" not have advised her ailing father, who was facing prosecution on his death bed, to clear the family name, if not his own, by simply returning the artefacts to Cambodia himself while he was still living?  Or why,  since Latchford's death, has Copleston, not distanced herself from suspicion by voluntarily doing so immediately after any wills for her father were read?

As regards both of these restitutions I would ask these individuals why, with these grand gestures of reconciliation, did neither party turn over the purchase and sale records for these objects.  Something which would truly make reparations as doing so would allow illicit trafficking researchers and law enforcement investigators to trace and return other pieces of history handled by the individuals responsible for engaging in these two unseemly debacles. 

Instead, like with Green's own statement, we get no real responsibility-taking, only precisely worded announcements with appealing attestations which colour their actions as generous acts of voluntary cultural diplomacy.  This despite the fact that there is so much more they could do, aside from simply cutting their losses by relinquishing material. 

In resignation, I understand that decisions like these, come about as the result of complex cultural arbitration.  And I understand that in such circumstances, the party holding the stronger deck of cards in the dispute, might (still) agree to a more palatable dispute resolution outside the courtroom. One which allows the parties involved to avoid a lengthy, expensive, and in some cases, reputationally damaging legal case, but which also assures an alternatively beneficial outcome for all sides. 

And as much as I want to be privy to these closed conversations, it is important to remind myself that Alternative Dispute Resolutions, known as ADRs in cultural property disputes, often carry with them an adherence to mutually agreed-upon confidentiality regarding the agreements signed off on, even when these types of agreements don't "feel" satisfying to those of us not sitting at the negotiating table. 

As someone who works on the identification of illicit antiquities, I want to see individuals, believed to have behaved criminally, brought to justice.  But I must also understand that these types of quieter negotiations do offer aggrieved parties an opportunity for a speedier and less costly resolution than drawn-out, complex, multi-year litigation which of themselves can be more beneficial to harvest countries such as Egypt and Iraq.   Fighting for restitution in the US court system isn't cheap and the costs can be a financial impediment to some foreign governments who haven't the financial means to represent their interests for years on end, or when the application of legal norms to relevant facts, might fail to deliver any justice at all to them as the aggrieved party. 

Another driving factor to remember in these types of agreements, in contrast to legal proceedings, is that out of court settlements enable the parties involved to, on the surface at least, legally protect their reputations. When cases go to court there is normally a winner and a loser.  And with those court decisions, comes very public case records which can serve to outline, in embarrassing red marker detail, the actions of individuals perceived as culpable, or serve as precedent-setting decisions in future illicit trafficking court cases. 

Lastly, as legislation in the art and cultural heritage field is not fully harmonized, there is always the potential risk that the expensive and protracted court case might not achieve a viable cost-benefit outcome.  Like in legal disputes where the value of the returned artefact is less than the country's legal costs in pursuing the case in foreign courts.  Or, as would have been the case in the Museum of the Bible dispute, or the case against Douglas Latchford, where the sheer number of artefacts being contested, if examined individually and concretised in the court's record, might have resulted in fewer objects going home, or greater exposure of the involved parties to subsequent litigation for their perceived roles in further uncovered, questionable transactions.

So, in the end, I have to accept announcements like those made last week which bring objects home but offer no real retribution against those who behaved badly.  This leaves me, and others who have closely followed these cases, asking:

  • Where are the admissions of fault?  
  • Where are the acknowledgements of harm having been done? 
  • Where are the answers we keep asking as to who sold what, to whom, and when?
I close this overly long rant by saying that when I first learned about these upcoming restitutions and read the press releases, I immediately thought that their announcements reminded me of a rhetorical expression from the 1887 compendium of proverbs called The Salt-Cellars by Charles H. Spurgeon, who once wrote:

“A hog in a silk waistcoat is still a hog.” 

And while I am overjoyed that so many artefacts will finally make their way back to where they rightfully belong, I am in no way fooled that these gestures were magnanimous and selfless, or that in Egypt at least, Ma’at, the goddess of truth and justice, would believe that justice has been well and truly served. 

By:  Lynda Albertson

July 30, 2020

Thursday, July 30, 2020 - ,,,,,,,, No comments

Restitution: Lot 448, Christie's


Early last November we wrote a blog post asking Christie's about an interesting polychrome painted 5th century BCE antefix in the form of a dancing maenad.  It had been scheduled to come up for sale in their December 4, 2019 auction and I felt the artefact deserved a closer examination regarding its legitimacy on the ancient art market.  For those who do not know, an anteflix is a decorative upright ornament, used by ancient builders along the eaves of a roof to conceal tile joints.




The provenance of the antefex was listed by Christie's as follows:

Provenance:

While nothing before 1994 was specified in Christie's single-line collection history, we know that before she died Ingrid McAlpine was once the wife of Bruce McAlpine, and for a time, before their divorce, both were proprietors of McAlpine Ancient Art Limited in the UK. 

While not completely identical, the Christie's antefix closely resembles another ancient Etruscan antefix in the form of a maenad and Silenus.  This one once graced the cover of the exhibition catalog "A Passion for Antiquities: Ancient Art from the Collection of Barbara and Lawrence Fleischman" depicted to the left.  

That South Etruscan, 500-475 BCE, polychrome anteflix was purchased by the J. Paul Getty Museum from the Barbara and Lawrence Fleischman collection via Robin Symes for a tidy sum of $396,000 and displayed in an exhibition at the Cleveland Museum of Art back in 1995.  In 2007, that antefix was restituted back to Italy by the J. Paul Getty Museum after a Polaroid photo, recovered during a 1995 police raid on warehouse space rented by Giacomo Medici at Ports Francs & Entrepôts in Geneva, was matched to the artefact in the California museum's collection.

The Christie's auction dancing maenad also closely resembled another pair of suspect polychrome antefixes depicting a maenad and Silenus.  This grouping was once part of the collection of the Ny Carlsberg Glyptotek museum.  Like with the J. Paul Getty purchase, an image of one of the Copenhagen antefix and a foot were matched with photos law enforcement seized in the dealer Giacomo Medici's business dossier.  Eventually, as with the J. Paul Getty Museum, the Danes relinquished the pair of objects back to Italy.

Bruce and Ingrid McAlpine's names also comes up with other plundered antiquities later identified as having been laundered through the licit art market and accessioned into the prestigious Museum of Fine Arts in Boston collection.   An Attic black-figured hydria, (no.3) came through McAlpine via Palladion Antike Kunst, a gallery operated by Ursula Becchina, the wife of disgraced dealer Gianfranco Becchina.  The couple's names also appear alongside Robin Symes AND (again) Barbara and Lawrence Fleischman for the donation of an Apulian bell-krater. Both of which were restituted to Italy.

In addition, former Judge Paolo Giorgio Ferri, the Italian judge who worked heavily on these looting cases, showed me a letter, seized by the Italian authorities during their investigations which was written by the staff of Bruce and Ingrid McAlpine Ancient Art Gallery.   This letter, dated 8 July 1986, tied them once again to at least one transaction with Giacomo Medici and Christian Boursaud and referred obliquely to companies the convicted dealer operated through third parties, fronts or pseudonyms. 

All of which lead me to several (more) questions.

Why was Bruce Alpine's name, and the name of his ancient art firm conveniently omitted from the provenance record published by Christie's ahead of the December 4th auction?  
Was this omission an accidental oversight on Christie's part or an elective decision, perhaps as a way to reduce the possibility of the object's previous owners connections to the above mentioned dealers drawing unnecessary attention?    
What collection history did the auction house have, if any, that shows where or with whom this artefact belonged prior to the 1994 McAlpine acquisition date to demonstrate its legitimacy in the ancient art market?

Given that three antefixes depicting satyrs and maenads had already been returned to Italy as coming from clandestine excavations I brought my concerns to other Italian experts collaborating with ARCA, and to experts from the Villa Giulia, the Louvre,  and to the Carabinieri TPC.  Each acknowledged I had a right to be suspicious.

ARCA forensic researchers and a forensic archaeologist affiliated with the Louvre Museum pointed me to examples of molds that have been discovered at Etruscan excavations which also depict maenads and helped with comparison imaging.  Researchers in Rome who worked on the Becchina and Medici case identifications with the Rome courts pointed out similar antefixes from the ancient Etruscan cities of Veii and Falerii Veteres, which are part of Rome's Villa Giulia collection.  Both zones, situated on the southern limits of Etruria, were looted extensively.

But I was running out of time and without a smoking gun photo of the object in a looted state, I was also running out of evidence and leads.

I watched the days tick down until the item went up for auction and then sold, in just under two minutes of bidding.  Frustrated, and thinking this little lady was lost for the present, I filed my research away, hoping that down the road she might reappear and that by that point the Carabinieri, MiBACT or I might have more evidence, enough to build upon to make a case for restitution.

Surprisingly, BVLGARI, the Italian luxury brand came to the aid of its country and one frustrated antiquities researcher.  They too had been watching the auction and knew of our efforts to try and bring our girl home. Unbeknownst to me the jewelry firm had purchased the antefix, and then working through cultural diplomacy channels, donated it, through the Ministry of Cultural Heritage and Activities and Tourism, to the Italian State and to the Villa Giulia specifically.

Looking back, with a view from the client's side of the equation:

When one wants to bid at an auction at Christie's, over the telephone, or online, a buyer has to prove that he or she is legitimate. To do so they must email the auction house a digital photo or PDF scan of a valid photo ID (eg. Driver’s Licence, Passport), and a proof of address.  For this proof, they will accept a recent utility bill or bank statement or corporate documents.  With these verifiable and valid documents, the auction house then trusts the potential buyer enough to open up an account in his or her name.

But Christie's seemed to need much less convincing paperwork before accepting the antefix of the dancing maenad for consignment.  Having reviewed the provenance paperwork for this antiquity, this antiquity came with only two, not very convincing documents, one of which had no dates whatsoever.

Those were:

1.) An undated document, which Christie's referred to as a "McAlpine stock card" for stock No. 2/114 noting a vendor in the name of ‘Kuhn’ of a "Terracotta antefix in the form of an akrotère."  

 As mentioned above, an antefix, which comes from the Latin word antefigere, (to fasten before), is an architectural fixture which caps then end tiles of a tiled roof.

An akarotère is an architectural ornament placed on a flat pedestal called a plinth and is an ornamental sculpture or pedestal such as the one to the right. These sit above the pediment of a Classical temple and do not extend from the ends of roof tiles.  I also failed to find any Akarotères that picture a dancing maenad.

2.) An 8 February 1994 pricing document with no company names listed anywhere, which listed 15 carefully redacted artworks and one final artefact at the very bottom which listing item  2/156 as "an Antefix with musician, height 40 cm" with a list price of $35,000.

As with the first document, this second is puzzling.  The height of the listed object is slightly off, the stock number doesn't match, and the price indicated is three times higher than the antefix at Christie's sold for. And while the paper is dated 1994 in keeping with Christie's stated provenance, this document by no means shows that the document references the McAlpine's acquisition as it lists no company the purchase was made through and seems merely to be an price listing from some unidentified entity.  The visible item's description is also a bit puzzling.  While the Christie's maenad does depict her carrying a crotalum (a kind of clapper) in her right hand, it would be a stretch to call her a musician. Even if she could be described as a musician, generally speaking if you know the word antefix, its reasonable to assume you would be familiar with their depictions in history.  Why use the word pairing "with musician" instead of using "of a musician" or "of a maenad"?

This was all the documentation Christie's needed to consider an object valid for sale to a willing buyer?

They should be ashamed of themselves. 

Yet, at least we have a somewhat happy ending BVLGARI's donation.  Despite being auctioned and despite a long delay due to the COVID pandemic, she's finally home, and today, at 4pm, at a formal restitution ceremony, this lovely dancing lady took her place with her companions, in the Etruscan exhibition Colors of the Etruscans** at Rome's Centrale Montemartini.  

On the left the antefix as offered for sale by Christies. On the right the antefix at the Museo Nazionale Etrusco di Villa Giulia. This antefix was found in 1937 in Veii, in the course of regular excavations of the Soprintendenza at the Etruscan sanctuary of Campetti North: a site previously looted by tombaroli. It seems evident that both antefixes were cast from the same mould and decorated in the same workshop. Therefore, most probably were originally part of the decoration of a single building.


 On hand for the restitution celebration were:

 Claudio Parisi Presicce, Capitoline Superintendency for Cultural Heritage -Director of Archaeological and Historical - Artistic Museums

Valentino Nizzo, Director of the National Etruscan Museum of Villa Giulia

Margherita Eichberg, ABAP Superintendent for the Metropolitan area of Rome, the Province of Viterbo and Southern Etruria

Sara Neri, Direzione Generale Archeologia Belle Arti e Paesaggio (Service IV, Circulation)

Lt. Col.. Nicola Candido, Carabinieri Command for the Protection of Cultural Heritage

Leonardo Bochicchio, Daniele F. Maras, curators of the exhibition


I for one am glad she's home, and to also have been a part of her journey.  She's travelled a long way, from the Etruscan city of Veii, to London, and back home again.  May her bare feet forever dance on Italian soil.

By:  Lynda Albertson

** This exhibition will be open at the Centrale Montemartini museum through 01 November 2020.

July 1, 2020

Wednesday, July 01, 2020 - ,,,,,, No comments

Auction House Seizure: A Roman marble portrait head of the Emperor Septimius Severus, circa 200 CE seized at Christie's

Image Left:  Christie's Catalogue where the stolen sculpture was identified.
Image Right:  Showroom image of the stolen head of Emperor Septimius Severus

An ancient Roman marble head was seized on the basis of a search warrant requested by the Manhattan District Attorney's Office on June 24th at Christie’s auction house based on evidence provided by the Italian Carabinieri for the Protection of Cultural Heritage, attesting that the portrait bust had been stolen from Italy in on 18 November 1985 before eventually landing in New York.  Taken at gunpoint from the Antiquarium of the Campanian Amphitheatre in Santa Maria Capua Vetere, in the Province of Caserta, situated 25 km north of Naples in southern Italy.  The sculpture depicts Septimius Severus who served as Roman emperor from 193 to 211 CE. 

The antiquity was published in Christie's 28 October 2019 catalogue Faces of the Past - Ancient Sculpture from the Collection of Dr. Anton Pestalozzi which included two pages describing the biography of the Roman Emporer and the object's comparable likeness to other portraits of Severus in the Serapis-type style, including one at the Ny Carlsberg Glyptotek in Denmark.

For the object's provenance, Christie's stated:

◘ with Jean-Luc Chalmin, London

◘ with Galerie Arete, Zurich, acquired from the above, 1993

◘ Dr. Anton Pestalozzi (1915-2007), Zurich, acquired from the above, thence by descent to the current owner. 

According to Roman Historian Cato the Elder the site at Ancient Capua where the object originates was founded by the Etruscans around 800 BCE and is remembered most for being the site where slaves and gladiators led by the legendary Spartacus revolted 73 BCE. 

While details on this particular investigation have not yet been released to the public, one of the troubling aspects in this case - of which there are many - and the most disturbing perhaps, is the failure of anyone whose hands this object passed through to have properly investigated the provenance of this portrait head.  No one, from Jean-Luc Chalmin, to Hans Humbel at Galerie Arete to the Zurich-based lawyer-collector Dr. Anton Pestalozzi ever bothered to ascertain by reasonable inquiry that the person from whom they had obtained the artifact had the legal right to possess it.

Amphitheater Campano Santa Maria Capua Vetere

On the bright side, this third object seizure in a span of weeks should send an important message to the auction powerhouse, as well as to dealers who profit from the sales of illicit material, that the Antiquities Trafficking Unit at the Manhattan District Attorney's Office and the US and Italian authorities are committed to protecting cultural heritage around the world.

A second artefact, stolen during this same armed robbery, a head portrait depicting the beloved elder sister of Roman Emperor Trajan, Ulpia Marciana (August 48 – 112) was recovered, twenty-five years ago, ten years after the theft.

Update:

This artefact was restituted to Italy on December 30, 2021.



May 19, 2020

Tuesday, May 19, 2020 - ,,,,,,,,, No comments

Prosecutors file a civil forfeiture complaint for the Gilgamesh Dream Tablet which they say was looted from Iraq.

The Gilgamesh dream tablet, Iraq, c. 1600 BCE
while on display at Museum of the Bible

“Strange things have been spoken, why does your heart speak strangely? The dream was marvelous but the terror was great; we must treasure the dream whatever the terror.”  ― The Epic of Gilgamesh, N.K. Sanders translation. 
Authorities in the United States have filed a civil forfeiture complaint for a 1600 BCE cuneiform tablet featuring a dream sequence from the Epic of Gilgamesh. Acting as the Plaintiff in the case, the US authorities brought an action in rem for the tablet pursuant to 19 U.S.C. § 1595a(c)(1)(A).  Under this section, US law authorizes the forfeiture of any "merchandise" that is "introduced or attempted to be introduced into the United States contrary to law." In this case, that's when it is believed that the property was stolen in a foreign country and imported into the United States illegally.  

In the complaint, Special Agent John Paul Labbat with the United States Department of Homeland Security, Homeland Security Investigations, cited that the object was stolen Iraqi property introduced into the United States contrary to 18 U.S.C. § 2314, the stolen property act.  This act serves as an independent basis for the forfeiture of any stolen property that moves in interstate or foreign commerce and which is utilized whether the object in question was stolen overseas or inside the United States.

The ancient clay object, originally part of a larger six-column tablet, contains seventy-four lines of Middle Babylonian cuneiform text, and is known to be one of only thirty known surviving fragments from the Epic of Gilgamesh created during the old and middle Babylonian periods.  Written almost 4,000 years ago, the Epic of Gilgamesh is one of the oldest known literary works in the world. The earliest parts of the poem were first discovered in the ruins of the library of the Assyrian King Ashurbanipal, in Nineveh, Iraq in 1853. 

Based upon the facts as set out in the Verified Complaint in Rem, on July 30, 2014, Hobby Lobby wired $1,674,000 to an unnamed auction house as payment for the Gilgamesh Dream Tablet, having purchased the artifact for donation or display at the Museum of the Bible in Washington DC.  This was the same year that the company's fundamentalist president, Steve Green, persuaded the United States Supreme Court that it deserved a religious exemption from a federal requirement under which employers in the country are made to provide their workers with access to contraceptives.  It is also the same month that the Egyptian Exploration Society gave Dirk Obbink an ultimatum: cut ties with the Green family or lose his editorship of the Oxyrhynchus Papyri, several fragments of which are now part of a separate ongoing investigation into another illegal sale in the United Kingdom.

Three months earlier, in April 2014 Manchester-based papyrologist Roberta Mazza had already published a blog post after visiting the Green's exhibition Verbum Domini II in Rome, Italy.  There, Professor Mazza recognized that another ill-advised Green purchase, a papyrus fragment of the Coptic codex of Galatians 2:2-4, 5-6, was one which had earlier been identified by Brice Jones and Dorothy L. King as having passed through the hands of a middleman trafficker on eBay, a gentleman going by the pseudonym Ebuyerrrrr, Yasasgroup, and later Mixantik.  As the investigations into the Green's buying habits progressed, Mazza, would be integral in determining that the Turkish middleman was Yakup Ekşioğlu, a name kept discreetly amongst researchers while investigations were undergoing.

Not long after the payment for the Gilgamesh Dream Tablet was finalized, the firm affiliated with the sale shipped the Gilgamesh Dream Tablet to their New York branch and then arranged for one of their representatives to hand-carry the tablet to Hobby Lobby in Oklahoma City, in order to avoid incurring a New York sales tax. The cuneiform tablet was subsequently transferred to the Museum of the Bible in Washington DC, where it drew concerns with one of the Museum's curators, in the lead up to the museum's grand opening. This unnamed curator queried the parties involved in the object's history post-sale, looking for evidence that would establish the artifact's legitimacy; an act of due diligence that should have been done by the prospective buyer before the tablet was purchased, and not after.  Those involved were anything but helpful.

This likely explains one of the reasons why the cuneiform tablet, once on display on the 4th floor of the DC museum in the History of the Bibles Galleries, was displayed with no provenance information whatsoever.

On 24 September 2019, the Gilgamesh Dream Tablet was seized as part of this civil investigation.  As the complaint released demonstrates, the importance of export documentation, for potential owners and dealers, or the lack thereof is a useful tool for researchers, law enforcement, and customs agents who monitor and prevent the trafficking of cultural property, none of which was remotely in keeping with this particular object.

But where was the Dream Tablet before? 

As background to the case, the US document cites that the tablet was first seen by an unnamed antiquities dealer in 2001 on the floor of a London apartment belonging to antiquities dealer Ghassan Rihani originally from Irbid in northern Jordan.

Prior to Rihani's death as well as after, a substantial portion of his "collection" of Iraqi objects began appearing on the London ancient art market. Many were believed to have been illicitly exported out of Iraq during the Gulf War following the 2003 invasion of Iraq and then recycled as being part of the not well documented Rihani family collection, something his son has denied in an interview with the New York Times.

By March/April 2003 the same dealer returned to London with a cuneiform expert and again viewed the tablet, this time with members of Rihani's family.  It is at this visit, where the dealer agreed to purchase the cuneiform table along with other items for a total of $50,530.  These items were subsequently mailed back to the United States and sold onward to two other dealers in ancient art for $50,000 along with a preliminary translation of the inscription.

By March 2007, false provenance documents had been created which omitted any mention of Rihani or the United Kingdom transaction.  Instead, the would-be provenance documentation proclaimed that the tablet had been purchased at a 1981 Butterfield & Butterfield auction in San Francisco, listed as LOT 1503.  All of which was blatantly untrue, as was the claim that the tablet had been deaccessioned from a small museum.

The cuneiform table would eventually make its way into the hands of Michael Sharpe, who published the object in his Rare & Antiquated Books catalog, where the object's constructed pedigree took a back seat to it's highlighted importance.



Like many cases before it, the multiple transactions surrounding the sales of the stolen Gilgamesh Dream Tablet reflects the inadequacy of the due diligence performed by intermediary dealers, the auction house, and the Green family themselves.  A simple check of the Butterfield & Butterfield auction records would have noted that LOT 1503 does not match the description of a terracotta cuneiform tablet from Iraq.  That alone should have given someone reason to pause.

At best, all of these dealers' behavior, the auction house's behavior and the collector's continued nonchalant attitude towards the object agreed to he purchase should be characterized as negligent. At worst, it shows the complicity of market actors, including those anonymously helping law enforcement post-facto, in prioritizing profits and plausible deniability as a masquerade for stewardship and collecting ethics.

As a result of this case, never shy Hobby Lobby has deflected its own ethical responsibilities towards due diligence by filing suit against Christie's, alleging fraud and breach of warranty in connection with the private treaty sale allegedly after the Gilgamesh Dream Tablet's provenance failed to stack up. This move confirms the auction powerhouse as the intermediary auction house, unnamed in the civil forfeiture complaint. That case has been listed as Hobby Lobby Stores, Inc. v. Christie's Inc. (1:20-cv-02239) to be heard in the Eastern District of New York and names Georgie Aitken, Head of the Antiquities Department at Christie's in London from 2009-2016 and Margaret Ford, the Senior Director, International Head of Group, Books and Science at Christie's.

In closing, it is interesting to note that in the past Christie's has voiced a willingness to work closely with law enforcement agencies and ministries of culture to resolve issues when suspect antiquities passing through their organization, but reading the emails detailed in the civil forfeiture complaint for this cuneiform tablet show acting employees of the firm being anything but that. Instead, Christie's appears to have been trying to extract itself from the difficult situation it found itself in, having failed to so their advance homework prior to accepting the object for consignment or at any point up to the final sale.

Yet guarding our past for the future, is also going to be a tough sell for the Oklahoma-based retailer/donor.  In 2017 Hobby Lobby was fined $3 million after federal authorities alleged that the firm bought thousands of historical artifacts that were smuggled out of Iraq.  In 2019 the Museum of the Bible deaccessioned and restituted a number of stolen EES papyrus fragments removed illegally from the Oxyrhynchus Papyri housed at the Sackler Library in Oxford and in 2020 the museum relinquished 11,500 antiquities to the Iraqi and Egyptian governments, which had been acquired with a lack reliable provenance, or ownership histories.

Then there is that Galatians fragment Dr. Mazza has been asking about for years now, as well as many other pieces, have been tied back to Dr. Dirk Obbink and his private antiquities enterprises. 

At the time of the last restitution Mr. Green stated:

“One area where I fell short was not appreciating the importance of the provenance of the items I purchased.” 

One would question just how many legal entanglements it will take before Mr. Green starts to acknowledge that he is a significant contributor to the problem and not merely an innocent victim.  His failure to have engaged in serious due diligence of the artifacts he has purchased has already caused the Museum of the Bible to suffer by their own hands.  Likewise, due diligence of looted antiquities, especially those that could be from conflict-based countries, must be meaningful and not superficially plausible, in the furtherance of a sale's commission.  Partially-documented histories in an object's collection background, do not necessarily always point to fresh looting or illegal export but when an antiquity's background looks murky, as is the case with this important cuneiform tablet, the art market and wealthy donor collectors need to step up their game, by no longer participating in the laundering and by allowing researchers access to past sales details so that wrongs can be righted.

By:  Lynda Albertson

April 11, 2020

Saturday, April 11, 2020 - ,,,,, No comments

Christie's admits to failing to register to collect New York and local sales tax despite legal obligation to do so


The tax collectors, unsigned
Oil on panel : 78,2 X 100 cm, 16th century
In a Deferred Prosecution Agreement, the auction powerhouse Christie's has agreed to pay up to $16.7 million in sales tax, penalties and interest over a two-year period to the state of New York.  The firms unlucky legal happenstance has been brought about by failing to register, and to collect, New York and local sales between 2013 to 2017 despite a legal obligation to do so. 

In a statement released by the New York District Attorney's Office, Manhattan District Attorney Cyrus Roberts Vance, Jr, praised his office's tax probe saying: “Thanks to our unique expertise and our prosecutors’ hard work, the Manhattan D.A.’s Office is again delivering millions of dollars in badly-needed revenue to the people of New York.”  In addition to thanking his team, Vance thanked  the New York State Department of Taxation & Finance, the City of London Police Department, and DANY Supervising Rackets Investigator Matthew Winters who is embedded overseas. 

While shaving a little bit here and there on taxes is without a question a known problem in the art market, this instance is a bit different that when the average schnook, agrees to participate in a so called "box trick" scam to cheat on his taxes.   In that practice a vendor, knowing that he does not need to collect sales tax on sales purchases when the object being bought is to be shipped out of state,  agrees, and sometimes even suggests, that he can whittle the price of the object down by fudging the books a bit.  To do so, the vendor agrees to allow the purchaser to take the artwork home, while documenting the sale as out of state, shipping an empty box to an address outside the state where the purchaser resides. 

Back in 2004 then contemporary art consultant Thea Westreich and her former New York company, Art Advisory Services, Inc., pled guilty to filing a false business tax return and failing to collect New York City sales tax on $5 million worth of art over a four-year period, and was sanctioned with a $250,000 fine as well as the back taxes. 

But Christie's evasion problem was more extensive. 

According to the Deferred Prosecution Agreement, Christie’s London, Christie’s Private Sales and other affiliated Christie’s entities admitted to:

failing to register to collect and to collect New York and local sales tax between 2013 to 2017 on purchases made in and/or delivered to New York despite having a legal obligation to do so. In addition, Christie’s Private Sales also admitted that once certain employees finally determined in 2015 that the entity had an outstanding obligation to register to collect and to collect New York sales tax with the New York State Department of Taxation & Finance (“NYS Tax”), it failed to register the entity to collect tax with NYS Tax because of the perceived audit risk. Subsequently, Christie’s Private Sales began collecting sales tax from its customers without registering, and Christie’s New York, who were long registered to collect sales tax in New York, falsely reported and remitted this sales tax to NYS Tax as its own.

Sales taxes are big bucks for most states, and in some, like New York, they can be the second-largest source of revenue.  For this reason this kind of tax avoidance has serious consequences. 

July 5, 2019

Friday, July 05, 2019 - ,,,, 1 comment

The value of a boy king in the form of the ancient Egyptian god Amen: All Sales Final

Engraving of Christie's auction Rome, "The Microcosm of London" (1808)
As the start of Christie's Exceptional Auction began on Thursday evening, the auctioneer present made an clipped announcement.  Those bidding on Lot 110, the 3000 year old Egyptian quartzite head of Tutankhamun portrayed as the god Amun, had to be registered bidders, a codicil she did not apply to other individuals bidding on remaining lots on offer last night.  Quickly, in less time than it takes a grim-faced Brit to drink a cup of tea, Christie's sold one off one of the most controversial items to pass through its doors.

The hammer price for the Egyptian head, a neat £4 million plus buyer’s premium, relevant fees. 

But this is not the only time that the firm has refused urgent appeals from source countries and concerned parties to remove items from auction.   

In one 2009 incident China’s State Administration of Cultural Heritage (SACH) protested the sale of a group of bronze animal heads, which once adorned a water clock fountain in the Chinese emperor's Summer Palace. These Chinese zodiac sculptures, on sale at Christie's in Paris, were part of the collection of Yves Saint Laurent and his partner Pierre Bergé.  As the auction's presale advertising began to gather momentum, it was announced that the bronzes had been plundered during the Second Opium War which pitted the United Kingdom and the French Empire against the Qing dynasty of China in 1860. 

Hinting that the failure to withdraw the objects would have “serious effects” on Christie’s interests in the pronounced concerns, the source country applied pressure for the object's restitution. When that failed to achieve any desired results, a motion was formally filed through the Association for the Protection of Chinese Art in Europe (APACE) backed by a group of signatories hoping to block the sale through legal action via through the Tribunal de Grande Instance in Paris. 

Unfortunately in that case, basing their decision on  French law, there were no legal measure available to the source country, so the legal case went nowhere as French law, based on Napoleonic law,  allows a purchaser to obtain valid title to stolen cultural property if said purchaser acted in good faith and exercised due diligence. Given the length of time between plunder and sale, it was determined that Pierre Bergé, as well as those who owned the artworks before him, had each acted in good faith when purchasing the Chinese booty.

Left with no other option but to buy back their own art back, Chinese art dealer Cai Mingchao purchased the statues during the auction pledging to pay some € 28,000,000 and then sabotaged the sale by refusing to pay.  Later he admitted that he had placed his bid solely “to disrupt the sale of the items.”

The fact that registered buyers now sign agreements obligating specific responsibilities when they bid appears to be the reason for Christie's announcement requiring that all bidders on Lot 110, the Egyptian disputed antiquity, be formally registered.  By doing so, it thwarted any possibility of patriotism getting in the way of payment.

In the end, Christie's made a tidy sum off of Egypt's sorrow.  By ignoring Egypt's request for information as to the object's legitimacy, it also proves that their sensitivity to a source nation's plunder and looting is far more shallow, than their client's incredibly deep pockets.

By:  Lynda Albertson



July 3, 2019

Wednesday, July 03, 2019 - ,,,,,,, No comments

Questions for Christie's with regards to its upcoming sale of the Quartzite head of the young pharaoh portrayed as the ancient god Amun

Unpacking some miscellaneous thoughts on the upcoming Christie's sale.

@ChristiesInc does the name Heinz Herzer sound any alarms?  

What valid paperwork does the auction house in their possession which would substantiates that the quartzite head of the young pharaoh portrayed as the ancient god Amun, left Egypt legally?

Has anyone provided the auction house with shipping, storage, customs, or insurance records of any kind documenting when and how the quartzite head left Egypt, or when and how it arrived in Munich or elsewhere during its travels?


Looking over your Resandro Head Fact Sheet the first thing that draws my eyes was not the head's innate beauty but rather it once being in the possession of a specific Munich dealer, Heinz Herzer.  As a firm champion of Italy's right to the return of  the statue known as The Victorious Youth, also known as The Getty Bronze or Atleta di Fano I am all to familiar with the fact that the very illegal, proven illicitly exported statue was acquired by Heinz Herzer in 1971.  Herzer even created a publicly traded fund called Artemis S.A., specializing in art works just to sell the bronze to either Thomas Hoving, the former Director of the New York Metropolitan Museum of Art.or John Paul Getty for his California Museum.  


But before the statue’s sale to the J. Paul Getty Museum, Herzer’s Munich firm removed the corrosion and incrustations covering the bronze statue, meaning Herzer had knowledge of the statue’s existence during the earliest periods of its clandestine movements. 

Image Credit:  Jiri Fril
Evidence presented by the Italian state at the Tribunal in Pesaro, Italy and later at the Appellate and Supreme Court demonstrate that Artemis was created ad hoc, with the specific purpose of managing the exportation and subsequent purchase of this valuable, but illicitly smuggled statue.  As most will remember, Italy's Appellate Court, followed by its Supreme Court, ultimately affirmed that this statue was clandestinely removed from Italian territory and has issued an order for restitution of their bronze. 


But back to the Quartzite head.  Christie's documentation state that Prince William of Thurn and Taxis owned the sculpture in the 1960s and sold it to Josef Messina, the owner of Galeria Kokorian & Co., Vienna, between 1973 and 1974.  


Best I can see Galerie Kokorian & Co KG, located at Spiegelgasse 19, 1010 Wien, Austria seems to be a discretely modest paintings gallery.  An unusual place to have an Egyptian statue of this significance to say the least. 


Let's also talk about the prince for a minute.  His full name was Wilhelm Alexander Lamoral Erich Maria Josef Ignatius Von Loyola Franciscus Von Assisi Benedictus Cyrillus Quirinus.  He lived from  1919-2004.  

As a general rule, as Live Science journalist Owen Jarus stated, the prince often went by the name "Willy".  Digging through records you can find some things listed in this diminutive name which includes some generalized information about his life including his debutante ball work but nothing at all on his collecting Egyptian antiquities.  Closest he ever appears to have gotten to Italy was a brif stay in Morocco after the second World War.

There is even a strange mention of some former actress who swears that she was secretly married to him.  Her name is Ilona Medveczky.   Yet I find absolutely no mention of an art collection containing Egyptian artifacts. 

Even his grave seems to me to be a modest one....so again, I would question if he was wealthy enough to have had an important, yet for all intents and purposes, unknown, ancient art collection.  

His neice, Daria Maria Gabriele Prinzessin von Thurn und Taxis was born on 6 March 1962. She is the daughter of Franz von Assisi Prinz von Thurn und Taxis (the prince's brother) and Mafalda Theresia Franziska Josepha Maria Prinzessin von Thurn und Taxis.  She told the Live Science journalist she didn't recall her uncle having such a piece in their collection. 

Interestingly though, I find nothing linking no official sons or daughters to the prince within official peerage documents.   I did find a "Viktor" is, who is referred to in the Live Science article as Willie's son.  He lives in Vienna and goes by the simplified name of Viktor Thurn Und Taxis and manages a Vienna film company called  VTT Film Service.   Who is mother was and why he is not listed on the noble roster is a mystery to be untangled though. 

Further digging I see that the three branches of the von Thurn und Taxis family: the German, Czech and the Austrian have little or no love lost for one another.  The German branch seems to be the very very wealthy one and extremely put out by the Czech branch of the tree going so far as to file at least one lawsuit against its relatives across the border. 


But let's not stray too far from the activities of Heinz Herzer and other dealers of interesting repute in the recent past that make me speculate about the legitimacy of this stone head.   Herzer's appears to have been associated with French dealer Christophe Kunicki, who was involved in the questionable acquisition of the looted Egyptian B.C.E mummiform coffin, inscribed in the name of Nedjemankh.  

Herzer's name is also connected with Serop Simonian, an art dealer of Armenian origin, born in Egypt and a resident in Germany.  Simonian's involvement in the Nedgemankh case makes for some interesting court document reading, as does the notoriety he gained with the controversy over the disputed fake/authentic Artemidorus papyrus, which sold for €2.75 million to the Compagnia San Paolo Art Foundation in Italy in 2004. 


Herzer and Serop's names both come up alongside the French dealer Christophe Kunicki via Pierre Bergé & Associés in the provenance of a 13th Dynasty Egyptian limestone chapel-stele of Kemes, which Kunicki sold to the Metropolitan Museum in 2014. This object's provenance also connects with the same Egyptian middleman, and was purportedly purchased Feb 1969 by Uwe Schnell from Heinz Herzer Gallery in Munich.


Which brings us back to Hertzer’s name in Christies Auction of a quartzite head of the young pharaoh, which portrays him as the ancient god Amun.  Lot 110, is set to be auctioned in London tomorrow in Sale 17042 on 4 July 2019.


Yet despite statements made by noble family members that they have no recollection of the object, the potential purchaser (as well as Egyptian authorities apparently) are supposed to accept the auction house’s word that due diligence has been properly and sufficiently conducted without being privy to any of the documentation Christie's used to made their determination that this stone head is fit for sale. 


Where is the paperwork provided to the auction house which fully and clearly confirms that this antiquity left Egypt legally and was once truly part of a collection of Prinz Wilhelm von Thurn und Taxis?
Image Credit of Egyptian Law
Courtesy of ICOM Red List for Egypt.
If this antiquity was removed legally from its country of origin, before the effective date of Egypt’s applicable patrimony law, the seller of the object should be able to provide something tangible to substantiate that export date.


In its statements to the Press, officials from Christie's have stated "It is hugely important to establish recent ownership and legal right to sell which we have clearly done. We would not offer for sale any object where there was concern over ownership or export."

In the interest of transparency, and good faith, and with Egypt’s Ministry of Antiquities making diplomatic demarches to INTERPOL, UNESCO, ICOM, the British Foreign and Commonwealth Office as well as asking Christie’s directly to provide any concrete information on the object's validity for sale on the London market, shouldn't tomorrow's pending auction be postponed until such time as the Egyptian authorities have been given the opportunity to satisfactorily review any and all related documentation that Christie's had at its disposal when making its claim that this object is licit and not illicit?   

By:  Lynda Albertson

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